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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors must adhere to an ethical standard when treating their patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when providing healthcare. If the standards aren't followed and the result is injuries or health problems, a patient may have grounds to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your situation. To enable the expert to make this decision they must be able to look over your medical records and conduct an examination or interview of you.

You must also be able to prove that the breach of duty directly led you to experience injuries. This is known as causation and it is the third element in a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

As with all people, are required by law to fulfill a obligation to exercise reasonable care and with caution. Doctors are held to an even higher standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the most important elements that must be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The quality of care is usually determined by what an ordinary person would do in the same circumstances. A reasonable driver, for example will not go through the traffic light.

In a case of malpractice, experts are often required to testify regarding the standard of care and the way in which it was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to file an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you are awarded from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days that you missed working due to medical complications, and that these missed days were a result of the defendant’s negligence.

Non-economic damages can be harder to prove. You may need assistance from an expert witness who can detail your physical, mental and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic injury. It is the inability to enjoy an intimate, sexual relationship with your spouse or any other significant person in the same way you once did. The defendant's lawyer will challenge your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and will ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years from the date the act or omission made by an health professional resulted in the death or injury. As with all laws, this rule has its exceptions. For instance, if the error made by the health professional was part of a continuous treatment plan, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. This is why many states have enacted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will know the specific rules of your state, and will carefully review your case timeline to avoid administrative errors that could impede your claim.